the whitey bulger trial. a man who survived a shag rampage shares his story. and we have the images of what happened that night. let's go "outfront." good evening, everyone, i'm erin burnett. i begin with breaking news on this friday. "outfront "outfront," according to the "washington post," edward snowden has been charged with espionage, theft, and conversion of government property. u.s. officials have asked hong kong to detain the former contractor on a provisional arrest warrant. snowden has been in hong kong since late may when he leaked a trove of highly classified documents about top-secret surveillance programs in the united states. joe johns is following the breaking news in washington. and joe, what is latest that you can tell us about this case right now? >> reporter: the justice department official confirms to cnn producer carol crattey, that

a criminal complaint has been filed against edward snowden. so this begins to match the story now reported by the "washington post" that the alleged leaker of this top-secret information from the national security agency has, in fact, been charged, according to their sources, and now one of our sources. the charges, we're told, by the newspaper, are theft, conversion of government property, and espionage. of course, the newspaper says these charges are filed under seal in the eastern district of virginia which normally would be a secret. however, this is no surprise. most legal observers, even people inside the justice department have been saying to us they expected something like this occurring. it's not clear how long ago the charges were filed. but very clear there's plenty of evidence, some of it coming from snowden's own mouth and an on-camera interview that he gave that's been seen around the world. some of this may have been

tactical because the justice department hadding to s inding public to say they filed charges in order to go to the international police organization, interpol, to get them to file notice so that snowden, if he tried to cross a border, say, from hong kong on the way to iceland as he's been making noises about, he could be intercepted and detained. again, the news this evening that edward snowden apparently has been charged, erin. >> thank you very much. confirming that significant development tonight. "outfront," now, alan dershowitz, professor harvard law school, and bob baier, national security analyst and former cia operative. great to have you with us. alan, let me start with this. i'm not a lawyer, so when i hear "you're charging someone with espionage," one of the first questions i have is, are you then charging them specifically of spying for somebody? or can you just say i'm just charging you with being a spy? >> the statute is one of the broadest on the books.

"the new york times," the "washington post" are all guilty of espionage under the statute if they publish material they know to be classified. they never go after "the new york times" and the "washington post." maybe they're going after wikileaks, we don't know. they have much too much discretion. i think it's a dumb decision by the justice department to charge him with espionage. that's a political crime under the extradition treaty we have with hong kong. it gives hong kong an excuse to say we don't have to extradite him. they should have indicted him only for theft and conversion of property. then hong kong would have to comply with the extradition treaty and turn him over. >> wow. so the eggspionage you think -- espionage you think opens the door for the fact that he may not come home. >> absolutely. >> what are the chances that hong kong will turn snowden over, with alan saying now that they've done this he has a choice? >> my opinion is he was under chinese control the moment he first gave the interview.

the chinese have an enormous amounts of interest in debriefing him, controlling the message he puts out through the media. they would be almost obligated to pull him in and start to debrief him. what sort of sources we have in china, what are we intercepting and the rest of it. so i think it's almost 100% certain he's under chinese control. right now, i don't see that they have any interest, whatever american laws are, whatever the extradition treaty is, to tush him back over it the united states. at least not until they're finished with him. >> all right. it seems -- you're in agreement. so then they're going to get what from him? >> no. i'm not in agreement. i don't think that hong kong is going to want to consider this politically. remember, hong kong has some independence. and if china wants to overrule the government they have to do it overtly. they would much prefer, i think -- >> not on foreign policy they don't have independence. >> well, but extradition is something that they've done repeatedly. if the united states had done it right and just charged him with

theft, it would make it much harder for china to put its fist down and say to hong kong, don't extradite him. we've made it too easy for the chinese government. we've made it difficult for the hong kong government to turn him over. and we are playing into the hands of snowden. >> so bob baer, let's say you're right and that -- that he's in the hands of china and they're not going to hand him over until they have everything they want from him, what else are they going to get that they don't already have? what were top-secret information do you think he can reveal? >> well, if he has some defector status which he very well may, they have continuing questions. i mean, he's come out and said that the united states is spying on china. he's violated chinese law. they can hold him for that reason alone. so can mostly cloudy in they liked. you need somebody like this to constantly go back and ask questions. the debriefing doesn't occur over the course of a day or two. it could take months, years.

>> so alan, what kind of sentence could he face if he were to come back? >> first of all, i don't think he's committed a crime in china. there's no evidence that he personally stole chinese secrets. the dumb thing the united states government did and the company he worked for did is to give this man access to information well beyond that which he needed. the first rule of security is need to know. this kid with almost no experience gets to see everything and can now barter it for his freedom with china. if he comes back to the united states, he will stand trial in virginia. tough jury in virginia, home of the cia. he could get a stiff sentence. he would get just as stiff a sentence if they charged him with theft and conversion than if -- >> they needed espionage. what's a stiff sentence, life? >> no, i think ten years or something would be a very stiff sentence for something like this.

20. jonathan pollard, tragically, unfairly, is serving life for far, far, far less. so you can get a sentence up to life certainly. >> bob, when you talk about ten years, is that something that would make sense given what -- i mean, what he may have done? the damage he may have done? >> no. no, no. he's compromised signals intelligence. an intelligence community, that's one of the worst crimes you can commit. whether it's to the press or to a foreign government. he'd get more than ten years. i mean, you know, on -- it's just the nature of the information he revealed. >> i think that's probably right. in virginia he'd probably get more than ten years. now the more we threaten him with harsher sentences the less likely it is that he'll be extradited because the more it will seem political. so we may have to make a tradeoff between a moderate sentence, a moderate crime, bringing him back, or charging him, throwing the book at him and losing him. >> all right. thank you very much. everyone, keep letting us know

what you think as your views change here, traitor edward snowden, charged formally with being a spy tonight. still to come, an nfl star remains silent about the death of his friend. why did police search aaron hernandez' home today, and why did he do something bizarre right before they got there? more shocking testimony from the whitey bulger trial. a man who survived a machine gun assault describes his ordeal and shows the court the graphic images. and then, two passenger jets basically, they just -- i mean, they're feet away from a midair collision in which hundreds would have died instantly. we're going to investigate how it could have happened. later in the show, a dramatic catch. look at that -- that was not an item. that was a child. ♪ this is the tempur-pedic innovation lab. it's like a front row seat to our latest technologies. here is where our engineers do their constant improving.

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our second story out front, a star nfl tighten keeps silent about his -- tight ebds keend k silent about his possible connection to murder. >> reporter: are you being arrested? can you tell use -- can you tell us anything? are you involved in the murder? >> an endorsement deal already lost. questions surrounding new england patriot aaron hernandez after police searched his home in connection with a homicide. 27-year-old odin lloyd was found shot dead monday less than a mile hernandez' home. lloyd's sister tells cnn the two were friends. paul cowen, hernandez has not been named a suspect. obviously we know the two may have been seen together hours before lloyd was killed. now there are reports that he completely -- trashed his phone, trashed his home right before

police were supposed to be coming to investigate. so when you put all this together, what does it add up to you? >> i'll tell you, erin, it adds up to a lot of smoke and not too much fire. this is a circumstantial case at this point. i'm seeing somewhat of a marginal connection between hernandez and the victim in this case. but i'm not seeing a murder case, and obviously the police aren't either because you can trust me about this -- he would be wearing a pair of handcuffs right now if they had a case against him. there's a lot that links him to the murder victim. but i don't think they've crossed the threshold here. and have made their case out at this point. >> and so there are reports that hernandez has lawyered up, which of course i guess wouldn't surprise you no matter guilty or innocent. you would do that in this case. but what are the chances that this goes ahead? they've got -- they're going to try to find somebody who did there. they know he knew him. he was nearby. seemed to clean up his home before they came over. they're not going to be able to do anything? >> oh, they're going do a lot

because -- it's a very suspicious situation. his car, a rental car that apparently hernandez rented was found very close to the homicide scene. he was seen with the homicide victim in a bar shortly before the shooting. three men were seen going into his house. he was one of the three. a couple of them wearing hoodies which is lately considered to be quite suspicious behavior. and another very famous case, erin. and he then destroyed the surveillance equipment in his house allegedly. now all of that is very, very suspicious. but is he covering up for somebody else's crime? is he being compelled or coerced to destroy the surveillance system, or is he a participant in the murder? i don't see enough evidence to prove it one way or the other at this point. so the cops are going to keep investigating, looking at the forensic evidence, putting pressure on other witnesses to see if they can make out a case against him. he's lawyered up. he's got a top lawyer from a big, big law firm, ropes and

gray, 1,100 attorneys nationwide. you can be sure he's going to get very good legal advice. it's unlikely he'll be giving any statements to the police himself. >> all right. thank you very much, paul callan. a story a lot of people are watching. the new england patriot form potentially involve. coming up, a dramatic near collision in the skies. how two jets barely avoided disaster. whether we say barely, we mean barely. we're going to literally show the distance. plus, president obama goes toe to toe with america's largest pot dispensary. morgan spurlock with the story. and is this the end of paula deen? we've learned today that her contract at the food network will not be renewed after she admitted to using a racial slur. >> i am here to say i am so sorry.

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our third story on this friday, near hit. a pair of large passenger jets came too close for comfort in the skies over new york city last week. the faa is investigating. tom foreman is on the story. tom, this is not just, oh, they were a mile apart or half a mile apart sort of thing. this was serious. >> yeah, it's easy to think that they're not close, but in reality, in terms of airplanes, this is quite close. these two large passenger planes came dangerously close to each other as they flew over one of the most densely populated parts of the country. how did this happen? the near miss starts with actually a third plane, a third plane coming into new york's kennedy airport down here. the winds are stiff, and it

doesn't want to land because it thinks it's not safe. it's told to veer off to the right here. here's what happens then. just behind it another jet comes, a delta 747. it encounters the same problem. so the tower tells this pilot instead to go to the left so that it won't interfere with the plane that went this way. that is key. when that happened, it ended up being pointed right at a shuttle that is taking off from laguardia airport here, that is what put these planes on to a collision course flying the exact same area. erin? >> when you say collision course, they -- they truly were. at the closest point, lou close were they? >> well, if you look at the closest point for these planes, the simple truth is that they were about separated by about 200 feet in here. about 2,000 feet in the air. they were separated by about 2 hundred feet in terms of their vertical distance.

they weren't right on top of each other like this, but i want to give you reference points. that's where they were in terms of the flying planes. by the rules of the sky according to the faa, they should have had about 1,000 feet of separation instead of this. this is an either/or situation. if they're this close to each other horizontally, they have to have this much separation. if they're going to have that much separation, they've got to have a lot more horizontal separation. they were about a half mile apart horizontally, but if they're going to be that close in the vertical sense, this distance has to be increased to three miles across. the bottom line is, erin, at the speed these jets were traveling, it's easy to say now they did everything right. and they did to avoid an accident. but the simple truth is they could have closed that distance between them and had a collision over an awful lot of people within a matter of seconds. erin? >> seconds for from so many people dying and frightening when we think about all the changes we need to make in our

air traffic system. tom foreman bringing the story home. today, more chilling testimony in the trial of whitey bulger. this time from the survivor of a shooting in myrtle beach -- in march of 1973. the images are disturbing, but necessary to show the scale of what we're talking about here. according on our next guest, frank capazi described in gruesome detail how the car he was riding in was ambushed. allegedly on order by bulger. he was wounded, but his fellow passenger, mobster albert plumber, was decapitated by the hail of bullets, as you see the blood all over the car. howie cakarr has written throug book on bulger and was in the courtroom. every testimony seems to be more gruesome than the last. we're seeing cars shot up, people beheaded, horrible deaths because of these mob hits. what did you hear in the courtroom and what was the mood in terms of the emotion?

>> well, one of the survivors said yesterday, erin, that the whole courtroom now is full of death. that it's just -- all anyone talks about in the courtroom is death. you know, people being murdered, how they survived. how they escaped after they were almost killed in boston. it's pretty grim what's been going on here. this guy capisi today, he was a member of the winter hill gang, whitey bulger's gang was wiping out for the mafia. they had a machine gun that they had gotten. they were treating it as if it were a christmas toy. they were going around the city, they were just going around the city opening fire on people. and they killed -- i think they killed four gangsters with the machine gun. but they also killed at least two other people who had nothing to do with the case. they just -- they got the wrong

people. and they -- and they did away with it. capisi, he didn't tell the story in court today but he has in the past when he wrote letters for sentencings of these guys. he had so many pieces of shrapnel and bullet holes and various other things that got in his back, he and his family took off for the west coast after this happened. every night, the stay in a hotel under an assumed name because they were still afraid the winter hill gang was tracking them because the winter hill gang had gone down and killed other members of the gang in florida. and he -- he would lie down on his stomach, this guy, capisi, now 78. and the -- as the bullets and shrapnel would be rising up through his skin and he would have his -- his son and his daughter using tweezers to pick out the -- the lead out of his skin. and that's the way it went. >> that image is just -- >> just -- yeah. then there's -- yesterday a guy

-- a guy yesterday was the same thing. they were looking for somebody on morsi boulevard. they killed two people on this one road in boston with machine guns. and this one guy, he -- he had gotten a ride with a guy who was taking a birthday cake to his 10-year-old daughter. and they opened fire and killed the guy who was -- was taking the birthday cake to his daughter. and this guy, this guy got out -- he claimed he got -- the guy with the birthday cake, the driver, he was shot 17 times. the other guy that survived was shot eight times. he claimed he got out of the car with his stiletto, as highway put it, and started advancing on the car with the machine gun. and at that point the prosecutor said, you know, mr. demacy, you were shot eight times, and you're telling me you were advancing on the car that had the machine gun? so it's -- it's been gruesome. and it's going to get worse, erin. they haven't even discussed the women that whitey bulger murdered, that he strangled to death for his partner, steven

phlegmy. >> i hope you'll -- flemmi. >> i hope that you'll talk about that. i know that testimony is coming soon. thank you very much, howie knows this story so well. and whitey bulger from head to tail. still to come, the latest in the george zimmerman trial. if the man who shot and killed trayvon martin is acquitted, what will it mean for sanford, florida? we have a special report, door to door. the police chief of sanford, florida, worried about violence and what he's doing about it. plus, prices are going up at starbucks. and a shocking story at the michael jackson wrongful death trial. a doctor testifies the singer would have died even if the drugs didn't kill him. tonight's shout out, good catch. a group of couriers in china, watch this, saw a 2-year-old girl on a window ledge. they went over and caught the

little girl when she missed her footing. was an amazing moment and one more example of china topping america. yesterday we told you how joe torre's daughter caught an infant who fell two stories. the next day, china went and caught a girl who fell five. earlier in the week, china's new super computer was proven to be twice as fast as the america record holder. tonight's shout out goes to the couriers who saved that girl's life. ♪ [ male announcer ] everyone has the ability to do something amazing. ♪ some just do it, on a more regular basis. ♪ ♪ in dealerships everywhere. in theaters, june 14th. in this is the tempur-pedic innovation lab. it's like a front row seat to our latest technologies. here is where our engineers do their constant improving.

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welcome back on this friday. we start with stories on our reporting from the front lines. i want to begin with the autopsy that confirms james gandolfini died wednesday of a heart attack. we also learn today that the staff at the rome hotel where gandolfini was staying actually had to knock down the bathroom door to get to him. the 51-year-old actor and his son michael had just returned from dinner. after repeated knocks on the bathroom door, michael called for help. heart attacks actually occur frequently in bathrooms, according to dr. mehmet oz who advises those at risk have vitamin d and aspirin in the spin cabinet. he suggests buying a special and cheap cell phone to mount to the bathroom wall. an average of a few cents increase at starbucks. you might say big deal, but it's already so expensive that every

penny is painful. vladimir putin will give robert kraft a new ring. in 2005, the new england patriots' owner let the russian president try on his super bowl ring only to have putin pocket it. that was unclear whether it was a gift or theft. that's the big fight. putin now says he's going to make it right and give kraft an expensive object "made from a nice metal with a stone." now when putin got divorced a few weeks ago, we suspected he'd put a ring on somebody's finger. we never thought it would be robert kraft's. it has been 687 days since the u.s. lost its top credit rating. what are we doing to get it back? today, respite. stocks on rocky ground after the dow plunged more than 550 points in two days because the fed said the economy was getting better. today, three major stock indices were calm. they ended the week down 2%. and there are reports of a story, faultout from the george zimmerman -- fallout from the george zimmerman murder trial. the jury is six people, all women. it's in place. the case that's become a hot button for racial kenzie in this country is going to begin --

racial tension in this country is going to begin opening arguments monday morning. what will happen in sanford, florida? the town where 17-year-old trayvon martin was shot and killed last february. if george zimmerman is actually acquitted? david mattingly has more. team three has 15th street -- >> reporter: the clock is ticking for the sanford p.d. and its new chief. >> let's mount up, folks. let's do it. >> reporter: the george zimmerman case exposed a deep bitter divide between the city's police and african-americans. on the job now only since april, chief cecil smith -- >> we're going to walk, knock on doors. >> reporter: hopes going door to door -- [ knocking ] >> reporter: talking to people in a city of a little over 50,000 will help get him out in front of a possible disaster. what is your worst fear? >> our worst fear is that we have people out of the community coming in and stirring up exactly what you talked about, violence in the community. >> reporter: it's a fear that goes all the way to the top of

city hall. in a candid conversation, sanford mayor jeff triplett talks about how a zimmerman acquittal could bring an element of violence that the city has managed to avoid so far. >> that one person that came to town to throw a rock through a window or -- or start a fight or, you know, do something that would provoke someone else, provocation of violence -- >> reporter: that's all it takes. that tiny act could have made something big happen? >> we were a tinderbox. >> reporter: and they're worried that they could be again. in spite of the peaceful outcome of the massive demonstrations we saw here a year ago, sanford has been working for months preparing for the end of the zimmerman trial. enlisting the help of local pastors, sitting in the courtroom acting as observers. after the verdict when you come back to your congregation, what do you hope to tell them? will. >> that justice has been served.

>> reporter: will you be able to do that if george zimmerman is acquitted? >> as a pastor and a leader in this community, i would have to. i feel confident with the skills and god-given ability that i have to be able to articulate. now will they accept what i say in that will be totaling up to them. >> reporter: that unknown has the city manager planning for something big. you're worried about a ring-type of riot -- rodney king-type of riot here? >> that's a scenario that's a possibility. rou >> reporter: how do you prepare? >> through law enforcement. it's a good question and not one that i'm going to go into detail on. >> reporter: and neither is the city's police chief. what does this mean? swams? >> i'm not going -- s.w.a.t. teams? >> i'm not going to get into that. >> reporter: special personnel coming in? >> we have plans in place to work with our other departments, to work with the sheriff's department and as far as the particulars of the plans, we're not releasing that. >> reporter: months of

preparation, intense community relations, and a secret law enforcement plan. all to keep the peace in a city with a lot on the line. >> amazing watching that. when sanford officials say they're concerned about people sparking violence, who exactly are they worried about? who are they going to be watching? >> reporter: there are no individuals we're talking about here. but they're very sensitive about people outside of sanford who might come into this emotionally charged environment trying to stir up some kind of trouble. they've got multiple airnose that they're preparing for, not just for an acquittal of george zimmerman but if he is found guilty, as well, they're also prepared if the celebrating gets out of hand. >> all right, thank you very much, david mattingly, covering the trial for us in sanford, florida, and will all the way to the end. also tonight, the president. he's going toe to toe with the country's largest medical marijuana dispensary. yes, he is. this is -- this is -- i'm not

making this up. if the administration gets its way, the pot shop in oakland could be shut down for good. oscar-nominated filmmaker morgan spurlock went to work at the facility for his new program "inside man." it debuts this sunday on cnn. here's a clip. >> it was founded in 2006 as a model of what a medical marijuana dispensary could be. they serve between 600 and 800 patients every single day, making them the largest dispensary in the united states. >> a lot nicer than i thought it would be. looks like a proper health clinic. it smells like my college bedroom. >> all right. the man who is said to have gotten a ph.d. in weed, morgan spurlock, with me now. as i was playing it, i said, wow, that place is nice. you say that place is pretty nice. >> so nice. >> i mean -- wow. all right. you took a job there. >> i did. >> the president says this place is illegal, would want to shut it down. what did you see other than a really expensive, fancy health care center? >> i mean, what you see is -- you also expect to see a bunch

of -- like dirty stoners coming in, looking to get good weed. that's what i expect to find. what you find are -- are former veterans, you know, from iraq and afghanistan, who are coming there to get thing that can help them kind of cope with being home again. to help deal with the ptsd. you see people who are, you know, strung out on various prescription medications, using this to kind of get off of it and have a normal life. incredible. >> so oakland want to keep the facility run, obviously they're getting tax money from it. but the -- >> the harborside is the second largest retail taxpayer in the city of oakland. >> incredible. >> number two -- >> incredible. >> yeah. the city of oakland countersued the federal government. the federal government tried to shut them down. >> do you think the federal government isn't aware of -- you're talking, customers you're talking about here, is a very different image than they may have. >> right. i think the thing is a lot of people don't realize who the people are that are utilizing these types of facilities. what will start to happen, i think what will continue to happen in the years to come, there will be a real tear between federal and state responsibilities. and more of this will go into the state so the federal can pull away.

it is a bit of a mess now. >> all right. now you went to a somewhat secret location where they grow potted. i'm jealous of this. i want to play a clip of morgan's journey there. >> so i'm locked in the back of a blacked out van somewhere in northern california, being driven to an undisclosed location where they grow vast amounts of marijuana. there are other stipulations that we have to. if we can't show any of the people who work there. we can't show any of the people who work there, their faces, hands, or body parts. this isn't sketchy at all. >> no hands or body parts? to identify you from your hand -- >> no identifying fingers or anything. this is the real issue with a lot of people. the growers are the ones who are getting prosecuted. the growers are the ones who not only are getting plants confiscated, but they're the ones serving prison time. much more than the people who own the dispensaries. >> wow. all right. what did you see when you actually got to the place? >> when you go to the warehouse,

it was basically a giant warehouse about, you know, half the size of a football field, just filled with marijuana plants. they grow about a half million dollars worth of marijuana a year. >> incredible. i heard a rumor that you also discovered something about marijuana. one size does not fit all. there's all sorts of grade and sort of like chewing tobacco. flavors? >> they have broken it into everything. now it's like anything they can manage to put marijuana into or that is edible, you can smoke it, inhale it, they turn it into water vapor. there are cookies, gum, there are lollipops, there are -- there are gummy bears. there are -- >> gummy bears? that's how i'm going to try pot, through a gummy bear. >> like the way they -- the science behind it is remarkable. like what they've broken it into is incredible. >> wow. pot -- thank you very much. really looking ford. that we're so excited to have you here on our team. >> thank you very much. is this the end of paula deen? we've learned she's done at the food network because of her racially insensitive comments. we talked about this last night. more tonight. and a shocking revelation at

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we reach out to our sources around the world. in canada, raging floodwaters are ripping through the street of calgary forcing 100,000 people from their homes. the biggest evacuation ever. paula newton is covering the story. i asked her if the worst is yet to come. >> reporter: a long weekend ahead for residents of southern alberta. i want you to look at some of these pictures. an entire home swept away by the river. and so much more. more than 100,000 people have now been evacuated. more on standby in case they have to do that. then there's the city of downtown calgary. the prime minister himself, this is his hometown. they do have 1,200 troops on standby now in case more help is needed. the rivers have crested. the problem is that even as they have crested with all that rain coming this weekend, they expect those water levels to stay quite high. erin? >> thanks. our next story "outfront," paula deen gone after the celebrity chef confessed to using the "n" word years ago.

the food network said it will "not renew paula deen's contract when it expires at the end of this month." they're probably considering themselves lucky that it happened to expire at the end of the month. that blow came minutes after the celebrity chef released not one but two videos to say she was sorry. here's the first one. >> i want to apologize to everybody for the wrong that i've done. i want to learn and grow from this inappropriate hurtful language. it's totally, totally unacceptable. >> then deen quickly replaced that with this -- >> you're color of your skin, your religion, your sexual preference does not matter to me. i offer my sincere apology to those that i have hurt. and i hope that you forgive me

because this comes from the deepest part of my heart. >> "outfronts," comedienne stephanie miller and dean obj t obadalah, and some say if she had released a true heartfelt video that might make a difference. you very critical but said, "i'd listen and see how i felt." when you hear those, did that do it for you or no? >> well, you know, i think a lot of people have the same reaction. there seem to be three edits in the original tape. it was a little weird. seemed like, you know, it's hard to judge her heart. i mean, you know, there's also a billion-dollar industry at risk. so -- >> right. >> i'm not sure -- it seemed panicky that she released two videos and that there were edits. and if it were heartfelt, why couldn't she go on the "today"

show as scheduled? it's hard to judge her heart. as i said, i think this was too big a p.r. problem. you know, i can't judge what's in her heart, but it's a heart that has uttered the "n" word a lot of times. it is a different world than the '60s. we have a black president. >> you know, what's also complicated about this is that i believe in her heart she's incredibly sorry. i don't know whether she would have been if she hadn't been caught. i mean, i don't know her. of course, when you're caught and everything that you are and your entire reputation and entire life is going to go down the drain, of course you're serious in your heart that you're sorry about whatever caused that. so it's not necessarily about what's in her heart. it's whether you think she should have been -- it should be okay that she said those things. >> you know, i said it yesterday. the only allegations that came to be true is that 30 years ago she said the "n" word, i don't think she should be fired. we don't know if other people came forward to the food network. they didn't come through publicly. the videos didn't help the first looked like something from "uny or die." it was ridiculous. really did not help her case. the second was much more heartfelt. to me the big takeaway, you say

racist comments and you're fired, fine. you say sexist comments like rush limbaugh, calling someone a slut -- if you are fired for sexist comments, you should be fired for racist comments. it's a double standard. >> she's gone, lost her job. she issued a statement saying, after the food network fired her, responding saying, "because of the gift the food network gave me, i've had the pleasure of being allowed into so many homes across the country and meeting people who have shared with me the most touching and personal stories." she tried to be gracious about it. did they do the right thing? >> to fire her? i don't think they did the right thing to fire her. look, there are two double standards here. and -- one double standard is that what she talked about was private. when you were talking before about what rush limbaugh said, that was in broadcast. when michael richards used the "n" word on stage, that was on stage. that was in a public performance. this is someone reporting on a

stupid, awful, horrible, unforgivable private conversation. but to have someone lose an entire career over that seems to me excessive. the other double standard is she's from georgia. and people from the south are always going to have a higher standard in and she failed on that standard obviously, but all of this comes from a lawsuit from a disgruntled employee. i think the take away here, is look, avoid lawsuits from disgruntled employees. in fact, avoid disgruntled employees all together. they are much better when gruntled. >> what do you think about the point of having been in a private conversation, though? >> i mean, she could have settled this, erin, that's the thing. i mean, she was fighting -- >> she should have. >> she was fighting to save her multi-million dollar industry. she could have saved this if she didn't want it public. >> michael, right, she could have done that? >> yes, but the point -- the point is that she did not know

the nature of this lawsuit wasn't about these comments. the comments came up in the nature of the lawsuit, and the comments were allegedly made many 2007. i mean, this entire thing, i strongly suspect the food network had other reasons to let her go and not renew her contract. she had other continue verse ro about the fat constant and recommending cheese burger patties between two sugar do nuts and the fact she had diabetes and shilling for diabetes company's insulin product. so i think there is more to this story than just food network is offended because she used the " "n" word years ago. >> have a good weekend and thank you. every night we look at the

"out front out take" and sorry, tonight, during the michael jackson wrongful death trial there was another wrongful death allegations that michael jackson didn't sleep. according to a medical expert because of the 60 days of drug infusions administered to the singer jackson may have gone up to two months without rapid eye move sleep, which is necessary to keep brain movement and alive. he went three weeks longer than a lab rat. it's a shocking revelation and yet, we're not sure it's true. of course, nothing compared to the stories we know are true but wish they were not true. for example, lebron james and those shoes. earlier this week we showed you photos of the new lebron shoe leeked to the internet and if you looked closely you can buy them for $160, the words two time champion but he didn't win that until last night. winning two consecutive titles

is an amazing accomplishment and we applaud him but wish that wasn't rewarded. eyeliner for guys, tom ford will introduce a full cosmetics line for men consuper, eyelashes and manscara, despite the primping women put in, the men will be prettier than you. why can't you just buy mascara? we tested it out. why do you need manscara. kim and kanye's new daughter is named northwest, a tip of the hat to the airline? all i know if you name your baby after an airline, why not go with one that's successful and not bankrupt and in business. might we suggest southwest? still to come, the tallest residential tower in new york city. the luxury building that has the

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we've been telling you for months about experts talking about a housing market resolve -- recovery but there is one section doing well, high-end luxury real estate, 157 the tallest residential tower in new

york city. look at it. that's pretty incredible, and it is attracting the richest people from around the world. felicia taylor has an exclusive look inside that building. >> reporter: souring over 1,000 feet above the streets of new york, west 57th street. when finished in early 2014 it will be the tallest residential building in new york city, and one of the most expensive places to live. it will have 92 luxury apartments with a price tag between 6 to $8,000 a square foot. the two duplex penalty house units are in contact between 90 and $100 million and they are not even finished yet. how big is this apartment? the development president gary barnett gave us an exclusive tour of what many call the billionaires building. what is it about this building that commands such incredibly enormous prices? >> central park, direct long view is the money shot, and there are none of the other

buildings really have this long view of central park. a lot of lateral views. >> reporter: the views rim press sieve but begs the question, who are the buyer sns. >> buyers from everywhere, all over the world. we were surprised to have 40 and 50% of the buyers are american. we have a lot of buyers from china, some from russia. we have european buyers, really from all over the world. >> reporter: buyers apparently willing to roll the dice. weren't you even surprised by the chinese mother for bought an apartment for her 2-year-old daughter? seriously? >> i think she's making a great investment and she love usely lo -- obviously loves her daughter. >> she's two. >> thinking far ahead. >> reporter: during hurricane sandy, the roof crane snapped leaving it dangling 1,000 feet

above city streets. this model apartment shows off the amenities a cool 17,000 will buy, italian marshall walls and heated floors in the bathrooms, dual stoves and ovens in the kitchen and of course that priceless vista of the manhattan skyline. with sales to top $2 billion and already 70% of the units sold, this is what you call a luxury bedroom suite. felicia taylor, cnn, new york. felicia taylor, cnn, new york. "a.c. 360" starts now. -- captions by vitac -- www.vitac.com good evening. a very busy night tonight and paula deen is dump bid the food network after making a video apology, though, what she was apologizing for remains unclear and tonight i interview alan chambers, the president of the longest